Common Criminal Offenses that Can Be Expunged from Your Record
Do the mistakes you made in your youth need to follow you the rest of your life? Having those records sealed and then expunged can keep those lapses of judgment from following you into adulthood. There, however, are three convictions that cannot be expunged or sealed from a juvenile record. Convictions that are part of a lifelong record include rape, murder and aggravated murder.
“Sealing the record” refers to when the juvenile file is removed from the court’s main section of records and placed in a separate location that is only accessible by the juvenile court. “Expunging the record” refers to when the juvenile file is destroyed or deleted, and is permanently gone from the court’s records.
The timeframe for sealing the records is as follows: you can request that juvenile records be sealed six months after any order by the court in relation to adjudication terminates; or unconditional discharge from Department of Youth Services or other facility in relation to dispositional order; or the court enters a sex offender declassification order.
Here are some common offenses that can be sealed, then expunged from your record. The court automatically seals these types of records, but it is wise to check to be sure the action has been taken:
- When you are arrested but no complaint is filed against you
- When you are charged with underage drinking, but then successfully complete a diversion program
- When the court dismisses the complaint after a trial on the merits or finds the person not to be a delinquent or unruly child, or a juvenile traffic offender
The court wants to see that you have been satisfactorily rehabilitated. The court will look at your age, the nature of the case, your education and employment history, any unruly or criminal behavior and other circumstances surrounding the incident. The record will be sealed if the prosecuting attorney in your case has no objections. A hearing will be scheduled if the prosecuting attorney does object. The effect of having the record sealed is that it is as if the proceedings never occurred, and then you can respond that no record exists. The record is also sealed in every office that had contact with the case, however, in limited circumstances the record can be accessed by the court.
The court expunges all records five years after they are sealed or when you turn 23, whichever comes first. At the court’s discretion, the court may require you to apply to have records expunged. The court will consider expunging records if the court is satisfied that you are rehabilitated (under similar circumstances for sealing records) and the prosecuting attorney has no objections. If there are objections, a hearing may be scheduled. The effect of expunging the record is that the record no longer exists.
Need an Expungement Attorney in Columbus, Ohio?
The mistakes you made when you were younger can provide opportunities for learning valuable, lifelong lessons. But for the sake of your future, it is important that you take the steps needed to be sure the record is expunged. The skilled, trusted legal representation Probst Law Office offers the help you need to be sure mistakes don’t follow you the rest of your life. Get the skill and experience that you need and deserve when you hire Michael Probst as your attorney. Contact Michael today for your free consultation, or call now at 614-232-8890.